Resource Rich and Regulation Heavy

Testing and Setting Environmental Laws Across California

Environmental Leaders

California is a national environmental bellwether in air, water, and emission quality standards. Commercial interests in the state come under intense ecological scrutiny – a single misstep in the regulatory or permitting maze can easily threaten a business or municipality.

Frontline Strategists

Archer Norris attorneys practice on the environmental frontline. We confront challenges before permitting boards and regulatory agencies statewide. As we tackle California’s most controversial issues involving water contamination, permitting disputes, CERCLA and toxic exposure, our environmental lawyers often set new precedents and strike novel resolutions.

High Efficiency in High Volume Cases

In large volume litigation, such as cases involving asbestos, silica, benzene, toluene and mold, we are expedient, efficient and effective. Our environmental attorneys developed and use a Master Case Tracking database to compile the critical components of asbestos cases. This proprietary knowledge bank links to more than 6,000 deposition transcripts and increases productivity, resolution and economies of scale.

Common Good, Common Ground

We work with clients to determine and manage the balance between modern life and the protection of California’s natural resources. Passionate client advocacy and on-the-ground local knowledge contribute to our influence on regulatory enforcement practices and standards statewide.

CONTAMINANTS

• Food Contamination - Secured a defense verdict for a leading supplier of specialty chemicals. Client faced allegations from a large food supplier that it was responsible for tainting nearly 20 million cans of fruit and $5.6 million in damages. The three-week trial ended in the plaintiff being found 90 percent at fault, entitled to nothing and responsible for the defense team’s attorney fees too.
• Automobile Dealership - Soil and Groundwater Contamination – Indemnity, trespass and nuisance claims dismissed against land owner of an abandoned automobile dealership.
• Automotive Parts Contamination - Statewide defense of national retailer of auto parts involving alleged spills and environmental compliance issues brought by State Attorney General and District Attorneys.
• Dry-Cleaning Fluid Remediation (PERC, PCE) - Represent various property owners of dry cleaning facilities, or near dry cleaners, in remediation activities.
• Foodborne Illness Liability - Defended numerous food-related liability claims involving toxicity, E.coli threats at fast-food chains, blood and AIDS infection.
• Fungus - Recovered full amount of note and fees secured by property destroyed by rare fungus.
• Hazardous Waste Recovery of Response Costs - Represented landfill operator in federal actions against hazardous waste generators for recovery of response costs under CERCLA and state law claims.
• Industrial Waste - Negotiated for potentially responsible party regarding liability for contamination from former smelter and slag waste site. Client was absolved of responsibility based on vigorous pre-litigation investigation and defense.
• Landfill Contamination - Defended large residential developer in CERCLA, trespass and nuisance, claims against landfill operators. Also negotiated with the Regional Water Quality Control Board to protect client’s interests.
• Legionnaires’ Disease and Airborne Contaminants - Representing building owner in Southern California against allegations of injuries attributed to Legionnaires’ Disease.
• Maritime Environmental Cost Recovery - Represented residential developer and municipality in CERCLA, RCRA and state law actions against former ship scrapping operators, US Maritime Administration, and other defendants for cost recovery for remediation of surface contamination.
• Omega Superfund Site, Southern California - Represented group of potentially responsible parties, including manufacturing facilities and municipalities, in US EPA negotiations and investigation.
• Pesticides - Helped client avoid taking title to property contaminated with pesticides while recovering full balance of note in default.
• Real Estate Development - Represented large residential developer in federal CERCLA, RCRA and state law claims against upgradient landfill owners, operators and generators.
• Cost Recovery - San Francisco Bay - Represented owner of property on San Francisco Bay in cost of response recovery action against ship scrapping operators, the federal government, Oil Company and railroad operator. Contamination included lead, copper, mercury, asbestos.
• Sheet Metal Fabricator - Soil and Groundwater Contamination – Achieved favorable settlement for fabricator facing CERCLA contribution claims in federal court.

ENVIRONMENTAL LAW AND LITIGATION

• Environmental Mold Remediation Trial - Won a 12-0 defense verdict in a four-week trial for a remediation contractor facing allegations related to mold, sewage and personal injury claims on an Oakland Hills property. Client was awarded attorney costs which was affirmed on appeal.
  • Air Quality
    • Counseled hospital on air emissions compliance and resulting Notice of Violation.
    • Represented chrome plating company in enforcement action by local air district for excessive emissions and invalid source testing.
    • Evaluated and advised client regarding air emissions credits under air district cap and trade program.
    • Advised manufacturer of architectural coatings regarding enforcement of alleged violation of sell-through provisions for emissions-limited products.
    • Advised out-of-state manufacturers and retailers regarding compliance with stringent California emissions requirement.
• CERCLA - Contaminated Shooting Range - Represented estate of former owner of contaminated shooting range in defense of CERCLA and state law claims.
• Commercial Development Litigation - Represented large commercial developer in litigation involving contracting, hazmat removal, and investor suits.
• Cost Recovery - Department of Health Services v. Chevron – Defended major oil company in cost recovery action filed by state against numerous parties for sending waste oil from 1950 to 1980 to a waste oil recycling facility in Sacramento.
• Cost Recovery - Hazardous Waste - Represented landfill operator in federal actions against hazardous waste generators for recovery of response costs under CERCLA and state law claims.
• Cost Recovery - San Francisco Bay - Represented owner of property on San Francisco Bay in cost of response recovery action against ship scrapping operators, the federal government, Oil Company and railroad operator. Contamination included lead, copper, mercury, asbestos.
• Proposition 65 - Consumer Defense Group v. Shell Oil Company – Successful defense of BP West Coast Products in Prop 65 allegations involving inadequate landfill remediation and warning postings.
• Proposition 65 Counseling and Litigation
  • Represented a wide range of in-state and out-of-state manufacturers and distributors in Prop 65 compliance.
  • Substances at issue include toluene, brass, paradichlorobenzene, lead chlorine, perchlorethelyne, benzene, methylene and jet aircraft emissions.
  • Defended international airline in Prop 65 suit by environmental groups alleging failure to warn airline passengers of hazardous chemicals.
  • Represented international and domestic kitchen appliance manufacturers for failure to warn of potential lead exposure.
• Real Estate Transactional Environmental Counsel - Advise television and radio company on environmental issues related to acquisition and disposition of properties.
• Recyclables - Solid Waste - Recovered millions of dollars litigating a claim for a solid waste company against its competitor for delivery of excessively contaminated mixed recyclables.
• Shopping Center - Provide environmental and landlord/tenant advice to major shopping center owner.

PERMITTING AND RULE-MAKING CHALLENGES

• California Association of Sanitation Agencies - Long-time affiliation with state-wide leader on wastewater and recycling issues, including litigation counsel involving Vacaville NPDES permit. The litigation included interpretation of the Central Valley Regional Board’s supposed “tributary rule,” and the Regional Board’s attempt to incorporate standards from other agencies.
• Dublin San Ramon Services District - Ongoing counsel on NPDES permitting and potential enforcement issues. We negotiated for the client the first NPDES permit using the new uniform permitting format and secured its approval on the regional board’s consent calendar.
• Mirant California, LLC - NPDES permitting issues advice and counsel for the independent power company before the Central Valley and San Francisco Bay Regional Water Quality Control Boards. NPDES permit adopted by the SFRWQCB was the first uncontested NPDES permit in over two years of contentious permitting decisions.
• Ojai Valley Sanitation District - Advised and drafted technical and legal arguments in response to a draft NPDES permit. Issues addressed included compliance with the California Toxics Rule (CTR) and State Implementation Plan (SIP), Nitrate-N+Nitrite-N permit limits, Numeric Chronic Toxicity Testing, and Compliance Schedule prerequisites. “Final” draft permit was withdrawn by the Los Angeles Regional Water Quality Control Board on eve of hearing.

PETROLEUM, OIL AND NATURAL GAS

• Benzene - Defended independent oil company against claims made by surviving family of a tree trimmer, alleging that benzyne in the gas exhaust of his trimming machine caused his fatal leukemia. Achieved a zero payment settlement and shut down future litigation threats.
• Consumer Defense Group v. Shell Oil Company - Defended BP West Coast Products in Proposition 65 case alleging major oil companies and industrial companies did not adequately remediate landfill and post Prop 65 warnings. BP's demurrer was sustained by the Orange County Superior Court and case was affirmed by the California Court of Appeal for the 4th District.
• Cost Recovery - Department of Health Services v. Chevron – Defended major oil company in cost recovery action filed by state against numerous parties for sending waste oil from 1950 to 1980 to a waste oil recycling facility in Sacramento.
• Facilities Purchase - Counseled on purchase of downstream petroleum facilities by large independent refiner.
• Oil Industry Environmental Remediation - Negotiated and drafted numerous agreements on environmental remediation and cost allocation agreements, including refinery, retail service station facilities, bulk plants and third party properties.
• Service Stations - Advising petroleum company on commercial, environmental, landlord-tenant and environmental issues in connection with service portfolio.

REGULATORY COMPLIANCE AND COUNSEL

• Omega Superfund Site, Southern California - Represent group of potentially responsible parties, including manufacturing facilities and municipalities, in negotiating and coordinating US EPA investigation.
• Automotive Parts Retailer - Statewide defense of national retailer of auto parts involving alleged spills and environmental compliance issues brought by State Attorney General and District Attorneys. Mounted vigorous defense and successfully negotiated settlement on terms far more favorable than those offered to other similarly-situated parties.
• Department of Toxic Substances Control - Represented hazardous waste transporter in Department of Toxic Substances Control regulatory proceedings alleging violation of manifesting and transporter regulations. Also coordinated defense of related criminal proceedings.
• El Dorado Irrigation District - Defended against a citizen’s suit brought under the federal Clean Water Act alleging serious violations of NPDES discharge permit. Also guided the District through civil and criminal investigations by USEPA, State Department of Fish and Game, and County prosecutors. In addition, counseled District defending wrongful termination/civil rights suit by the wastewater treatment plant operator.
• Landfill Contamination - Defended large residential developer in CERCLA, trespass and nuisance, claims against landfill operators. Also negotiated with the Regional Water Quality Control Board to protect client’s interests.
• Ojai Valley Sanitation District - Advised and drafted technical and legal arguments in response to a draft NPDES permit. Issues addressed included compliance with the California Toxics Rule (CTR) and State Implementation Plan (SIP), Nitrate-N+Nitrite-N permit limits, Numeric Chronic Toxicity Testing, and Compliance Schedule prerequisites. “Final” draft permit was withdrawn by the Los Angeles Regional Water Quality Control Board on eve of hearing.

SOLID WASTE

• Contract Enforcement - Enforced a multimillion dollar put-or-pay disposal contract.
• Counsel to Solid Waste Facilities - Represent solid waste clients in connection with permitting and operating landfills, transfer stations, processing facilities, corporation yards, composting facilities, and other solid waste related facilities.
• Defeat Claim Against Recycler - Dismissed a municipality’s claims against our client that alleged failure to pay certain CRV funds.
• Garbage Rate Hike - Sued a city in Northern California to compel an increase in garbage rates back in the early 1990s.
• Generators Lawsuit - Won millions of dollars in a generators lawsuit on behalf of a Class One landfill.
• Public Contract Bidding - Represented a private solid waste company in a hard- fought public bid process for one of the largest residential recycling collection and processing contracts in the nation.
• Recyclables Litigation - Recovered millions of dollars litigating a claim for a solid waste company against its competitor for delivery of excessively contaminated mixed recyclables.
• Sale of Family-Owned Waste Company - Negotiated and implemented inter-family sale of an integrated solid waste company and related assets involving multiple generations of owners. The transaction involved virtually every aspect of the solid waste business and negotiation of a significant credit facility.

TOXIC TORT AND COMPLEX ASBESTOS LITIGATION

• Asbestosis Defense Verdict - Scored a defense verdict from an Orange County jury for a leading manufacturer of stucco products. Case involved plaintiff’s allegations that he contracted asbestosis and asbestos-related pleural disease during his 40-year plastering career.
• Asbestos - Successful defense in asbestos claims against individual, multiparty and class action defendants.
• Asbestos/Toxic Torts- Defended the manufacturer of automobile clutches, one of several defendants in an asbestos exposure case. Dismissal of case saved our client substantial litigation costs.
• Asbestosis, Mesothelioma and Silicosis - Defense of contractors, subcontractors, shipyards, railroads and industrial manufacturers, including more than 20 trials in this area in just the past five years.
• Benzene -  Defended independent oil company against claims made by surviving family of a tree trimmer, alleging that benzyne in the gas exhaust of his trimming machine caused his fatal leukemia. Achieved a zero payment settlement and shut down future litigation threats.
• Benzene, Toluene, Tetrachloroethylene and Water Contamination - Defend a high volume of cases involving exposure to these contaminants.
• Environmental Mold Remediation Trial - Won a 12-0 defense verdict in a four-week trial for a remediation contractor facing allegations related to mold, sewage and personal injury claims on an Oakland Hills property. Client was awarded attorney costs which was affirmed on appeal.
• Mold - Obtained a defense verdict for multiple owners/managers of a property during a three-month trial involving claims of mold-related injuries.
• Mold Exposure - An emergency room physician alleged serious injury due to mold caused by his hospital's ventilation system and sued the HVAC contractor, who was our client. The results of our own rigorous investigation helped us resolve the case for a fractional amount prior to a decision on summary judgment.

WATER AND WASTEWATER

• California Association of Sanitation Agencies - Long-time affiliation with state-wide leader on wastewater and recycling issues, including litigation counsel involving Vacaville NPDES permit and the “tributary rule.”
• City of Healdsburg - Served as special counsel for the city in defending against a citizens’ suit that raised fundamental issues of Clean Water Act jurisdiction over surface water, groundwater and wetlands, as well as the application of the regulatory “waste treatment exception.” Also represented Healdsburg on NPDES permitting issues before the North Coast Regional Water Quality Control Board. Facilitated settlement meetings and repaired damaged relationship between the city and regional board staff.
• City of Yuba City - Successfully appealed permitting decisions of the Central Valley Regional Water Quality Control Board to the Stare Water Resources Control Board. Using judicious use of a collateral suit under the Public Records Act, Archer Norris negotiated a settlement on behalf of the city that resulted in independent oversight of the remanded issues and a new permit that meets the client’s needs.
• Contra Costa Council - Represented the Contra Costa Council in the “Tosco Appeals” before the regional and state water boards, which led to the precedent-setting rejection of “no net loading” as a discharge permit provision.
• El Dorado Irrigation District - Defended against a citizen’s suit brought under the federal Clean Water Act alleging serious violations of NPDES discharge permit. Also guided the District through civil and criminal investigations by USEPA, State Department of Fish and Game, and County prosecutors. In addition, counseled District defending wrongful termination/civil rights suit by the wastewater treatment plant operator.
• Mirant California, LLC - Provided NPDES permitting advice and counsel for the independent power company before the Central Valley and San Francisco Bay Regional Water Quality Control Boards. NPDES permit adopted by the SFRWQCB was the first uncontested NPDES permit in over two years of contentious permitting decisions.
• Salinas Valley Water Coalition - Resolved dispute on behalf of growers’ coalition in precedent-setting litigation involving control of seawater intrusion in the Salinas Valley. Helped overturn the Monterey County Water Agency’s attempt to regulate agricultural groundwater extraction and improved the public participation process that resulted in a consensual solution.
• Sonoma County Water Agency and Northern California River Watch - Represented group of wastewater treatment systems against Clean Water Act claims arising out of collection system maintenance, overflows, and exfiltration brought by the citizens group, Northern California River Watch. Obtained a dismissal of pending litigation that allowed settlement discussions on existing capital improvement plans. The final settlement required no additional capital expenditures by our client.
• Storm Water - Represented operator of recycling plants in connection with EPA administrative action for violation of storm water best management practices. Successfully negotiated settlement on behalf of client.
• Turlock Irrigation District - Provide strategic advice and representation on water quality issues to one of the oldest and largest irrigation districts in the state. Significant issues have included procedures for identification of impaired water bodies, development of multiple TMDLs, and the regulation of discharges from irrigated agricultural land. Services have included legal analysis and advocacy to regulatory staff and at agency hearings.
• Wastewater Collection and Treatment - Represented private contractor of wastewater collection and treatment services in public private partnership with municipality concerning the release of untreated and partially treated effluent and collection system maintenance and improvement issues achieving consensus on municipality’s performance under consent order and on the client’s performance in the public private partnership.
• Water Basin Management - Counseled the California Department of Corrections and Rehabilitation in matters before the Regional Water Quality Control Board on specific violation and broader water basin management plan issues.

Fast Facts

• Archer Norris has been actively defending a variety of insured and self-insured defendants in asbestos litigation for more than two decades. The number of cases defended to completion is well in excess of 1,000.
• Environmental attorneys skilled at negotiating in the complex arena of state and federal environmental laws, particularly with regard to water quality and contaminants. They can, and have, litigated to the U.S. Supreme Court.